labor lawAdivision of labor law center

Under the new regulations released by the US Department of Labor, there are some important exceptions to the 5-year limit of job protection to soldiers under USERRA. The new rules define with clearness that if the member of the military is entitled to the protection, other factors, like duration, timing or frequency of the soldier service are not priorities. The regular training periods of the National Guard or Reserve are not part of the limit. If a soldier stay more than 5 years in service, he or she is still protect in his or her job rights.

Recently, the Department of Labor released new regulations with the purpose to improve the law enforcement of the law and enhance it clarity. The Uniformed Services Employment and Reemployment Rights Act, or USERRA, signed on 1994, defend the rights of veterans and members of the Reserve and National Guard to return to their civilian jobs.

The new rules should be display in the Oregon USERRA posters at every workplace. The employers should publish correct information for all their workers.

The USERRA rules states that those who served their country are eligible for the same work, remuneration and premiums as they remained in the job. In many occasions, they also have the right to receive remuneration increases or inflation raises as they have received if they were in the positions. In some test cases, was consider the time of military service as time worked, and the veterans do not be prejudiced in their years of seniority. The period of 5 years is cumulative. If the soldier served in the military for 2-year she or he keep up 3 more years to recover his or her job.

To everyone with claims under USERRA, they can turn to the Department of Labor, in particular to the Veterans’ Employment and Training Service (VETS).

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